Robert D. Street, December 21, 1992

CHARLES 5. CROOKHAM
.'\TTORNFY CEJ'\ERAL
Robert D. Street
Attorney at Law
455 S.W. Madison Ave.
P.O. Box 585
Corvallis, OR 97339
DEPARTMENT OF JUSTICE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
December 21, 1992
Re: Request for Public Records Disclosure Order
City of Corvallis Police Department
Dear Mr. Street:
jACK L LANDAU
IJEPLTY ATTOR\:FY CENI:RAI
This letter is the Attorney General's order on your petition for disclosure of
records under the Oregon Public Records Law. We respectfully must deny your
petition.
Your petition, which we received on December 18 asks the Attorney
General to direct the City of CorVallis Police Department to produce copies of
certain records in its possession.
Under the Public Records Law, the Attorney General has authority to issue
a public records order only to ". . . any person denied the right to inspect or to
receive a copy of any public record of a state aeency .... " (Emphasis supplied.)
ORS 192.450(1). The City of Corvallis Police Department is not a state agency.
Therefore, under the Public Records Law, it is the Benton County District
Attorney, not the Attorney General, who has the authority to review the denial of
your request for the information in question.
Robert D. Street
December 21, 1992
Page 2
Should the district attorney deny your petition, your recourse is then to file
a lawsuit in the Benton County Circuit Court.
AL V :jpl/jaa0028e
Enclosures
.. c: (w/incoming correspondence):
The Honorable Peter Sandrock
Benton County District Attorney
Benton County Courthouse
Corvallis, OR 97330
Yours very truly,
~r~ Opinions Coordinator
General Counsel Division

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CHARLES 5. CROOKHAM
.'\TTORNFY CEJ'\ERAL
Robert D. Street
Attorney at Law
455 S.W. Madison Ave.
P.O. Box 585
Corvallis, OR 97339
DEPARTMENT OF JUSTICE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
December 21, 1992
Re: Request for Public Records Disclosure Order
City of Corvallis Police Department
Dear Mr. Street:
jACK L LANDAU
IJEPLTY ATTOR\:FY CENI:RAI
This letter is the Attorney General's order on your petition for disclosure of
records under the Oregon Public Records Law. We respectfully must deny your
petition.
Your petition, which we received on December 18 asks the Attorney
General to direct the City of CorVallis Police Department to produce copies of
certain records in its possession.
Under the Public Records Law, the Attorney General has authority to issue
a public records order only to ". . . any person denied the right to inspect or to
receive a copy of any public record of a state aeency .... " (Emphasis supplied.)
ORS 192.450(1). The City of Corvallis Police Department is not a state agency.
Therefore, under the Public Records Law, it is the Benton County District
Attorney, not the Attorney General, who has the authority to review the denial of
your request for the information in question.
Robert D. Street
December 21, 1992
Page 2
Should the district attorney deny your petition, your recourse is then to file
a lawsuit in the Benton County Circuit Court.
AL V :jpl/jaa0028e
Enclosures
.. c: (w/incoming correspondence):
The Honorable Peter Sandrock
Benton County District Attorney
Benton County Courthouse
Corvallis, OR 97330
Yours very truly,
~r~ Opinions Coordinator
General Counsel Division